Custody Procedures Flashcards
Directing to court
- Needs to have sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge
- CPS to charge
- Police can charge, summary offence, Plea, retail theft or offence anticipated guilty plea
Full Code test
Evidence stage
- realistic prospect of conviction
- Officer must ensure all points to prove for offence
Public interest stage
- public interest for case to be prosecuted at court
- would be better as - out of court disposal
Out of court disposal
- PND
- Restorative justice
- Adult caution
- youth caution
- Triage
- Community resolution
Adult caution (simple)
-Formal warning
- Admits offence
- Offence is eligible
- Non statutory disposal
Adult caution (conditional)
- similar to simple
Caution but has to be rehabilative, reparative and I or punitive contortive attached to it must be appropriate and achievable and proportionate
Youth Caution
- Admits guilt
- referred to YOT
- same requirements as adult caution
- appropriate adult present
Community resolution order
- Agreement between victim and offender
- similar to restorative justice techniques
- informal non-statuary disposal
- guilty admission
NOT:
- Domestic - Hate Crimes - Sexual offence -weapons -firearms
Released under investigation (RUI)
- Released pre-charged with no condition
- No time restraint
- last resort
- no further action
Post charge bail
- To attend magistrates
- cases have initial hearing
- Custody officer has responsibility
- No Live link
- Powers of arrest fail to appear
- live link if suspect in custody
Informing suspect of bail or RUI
- Must inform suspect
-Every 28 Days - No further actions - Letter sent
- consider suspect informed of further allegation
- falsely accused - treated as victim